Schumer Fast-Tracks Biden Judges Before New Congress Begins

Senate Majority Leader Chuck Schumer (D-NY) is racing against the clock to confirm as many of President Joe Biden’s judicial nominees as possible before the new Congress takes office in January. With Republicans poised to take control of both chambers following a sweeping victory in the 2024 elections, Schumer is determined to solidify Biden’s judicial legacy in the final weeks of Democratic Senate control.

The 119th U.S. Congress will convene on January 3, 2025, with Republicans in command of the House, Senate, and White House. President-elect Donald Trump’s decisive electoral victory, combined with significant down-ballot wins, has set the stage for GOP dominance.

Republicans not only retained their majority in the House but also gained control of the Senate in the 2024 elections. The current congressional breakdown includes 220 Republican members in the House, 213 Democrats, and two vacancies—Republican Rep. Matt Gaetz (FL) and deceased Democrat Rep. Bill Pascrell (NJ). This shift in power ensures a Republican-controlled legislative agenda for the foreseeable future.

Adding to the GOP’s stronghold, the U.S. Supreme Court remains tilted 6-3 in favor of conservatives, positioning the party to control all three branches of government come January.

Despite the incoming GOP dominance, Schumer is pressing ahead with a packed schedule of judicial confirmations. On Thursday, he made clear his intentions to expedite the process, stating, “The Senate will continue confirming Joe Biden’s highly qualified nominees.”

The urgency stems from the fact that once Republicans assume control, the pace and nature of judicial appointments are expected to shift dramatically. GOP leadership has already signaled its intention to block or delay any Biden-nominated judges who don’t align with conservative principles.

In a statement outlining the Senate’s achievements, Schumer highlighted several confirmations:

• Cathy Fung was confirmed as a judge for the U.S. Tax Court.
• David Huitema was approved as the new Director of the Office for Government Ethics.
• Embry Kidd’s judicial nomination to the 11th Circuit Court of Appeals advanced, putting her on track for confirmation in the coming days.

These confirmations reflect a broader Democratic strategy to ensure Biden’s judicial appointments are finalized before the GOP-led Senate can stall the process.

The rush to confirm judges before the new Congress begins underscores the high stakes involved. Judicial appointments, particularly to lifetime positions on federal benches, have long-lasting implications that extend far beyond a president’s term. By filling vacancies with Biden nominees, Democrats aim to preserve their influence in the judiciary, even as they prepare to lose control of Congress.

Schumer’s focus on judicial confirmations is a continuation of efforts seen in previous administrations. In the closing months of President Barack Obama’s tenure, Republicans, led by then-Senate Majority Leader Mitch McConnell, blocked numerous judicial nominees, including a Supreme Court seat, which ultimately shaped the judiciary under President Trump. Now, Schumer is attempting to ensure that Biden’s impact on the courts endures, despite the GOP’s incoming majority.

Republicans have criticized Schumer’s aggressive push, accusing Democrats of prioritizing judicial confirmations over other legislative responsibilities. GOP leaders argue that Biden’s nominees are being rushed through without adequate scrutiny, a claim Schumer has rejected.

“They can criticize all they want,” Schumer said. “The American people elected us to do a job, and part of that job is confirming qualified nominees who will uphold the Constitution and the rule of law.”

Republicans, however, are eager to reverse course once they take control. With Trump set to assume office in January, GOP lawmakers plan to advance their own judicial agenda, focusing on filling any remaining vacancies with conservative judges.

While Schumer’s strategy may yield a few more confirmations in the coming weeks, the balance of power is about to shift dramatically. Once Republicans take the reins, Biden’s ability to shape the federal judiciary will be severely curtailed.

Still, Schumer’s push represents a last-ditch effort to cement Democratic priorities in the judicial branch. With only weeks left before the GOP takes control, every confirmation counts.

As the clock ticks down, all eyes will remain on the Senate, where Schumer’s confirmation blitz continues in a race against time. Whether these efforts will significantly influence the judiciary in the long term remains to be seen, but for now, the Democratic leader is pulling out all the stops.